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Resolution 2014-35RESOLUTION NO. 2014-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING TENTATIVE MAP TM 13 -09, CREATING 67 SINGLE - FAMILY RESIDENTIAL LOTS, 6.5 ACRES OF PASSIVE AND RECREATIONAL OPEN SPACE AND 14.3 ACRES OF AGRICULTURAL LAND ON A 34 ACRE PARCEL LOCATED WITHIN THE HECKER PASS SPECIFIC PLAN, WEST RESIDENTIAL CLUSTER, APN 810- 20 -015, GILROY INVESTORS, LP, APPLICANT WHEREAS, Gilroy Investors, LP submitted an application requesting a tentative map to subdivide an approximate 34 -acre site into 67 single - family residential lots, 6.5 acres of passive and recreational open space and 14.3 acres of land for agricultural production ( "TM 13 -09 "); and WHEREAS, the subject property is located within the West Residential Cluster of the Hecker Pass Specific Plan; and WHEREAS, TM 13 -09 was referred to the Technical Advisory Committee, City departments and various public utility companies for recommendations; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 1, 2014, at which time the Planning Commission considered the public testimony, the staff report dated May 1, 2014 ( "Planning Commission Staff Report"), and all other documentation related to TM 13 -09, and recommended that the City Council approve said application with 105 conditions; and WHEREAS, the City Council held a duly noticed public hearing on June 16, 2014, and considered the public testimony, the Planning Commission Staff Report, a supplemental staff report dated June 16, 2014 ( "City Council Staff Report"), and all other documentation related to application TM 13 -09 and requested City Staff to prepare resolutions of approval for TM 13 -09; and WHEREAS, the City Council finds that TM 13 -09 conforms to the City's General Plan and elements thereof, including the Hecker Pass Specific Plan; and RESOLUTION NO. 2014-35 4837,IW 4267v1 JH104706089 WHEREAS, a final environmental impact report has been certified for the Hecker Pass Specific Plan, and TM 13 -09 is consistent with that specific plan, and therefore, no further environmental analysis is required by the California Environmental Quality Act; WHEREAS, a mitigation monitoring and reporting plan was prepared, consistent with the certified Hecker Pass Specific Plan EIR; and NOW, THEREFORE BE IT RESOLVED THAT: SECTION I The City Council hereby finds as follows: 1. TM 13 -09 is generally consistent with the intent of the goals and policies of the Hecker Pass Specific Plan. 2. TM 13 -09 is generally consistent with the intent of the goals and policies of the City's General Plan. 3. TM 13 -09 is consistent with the Zoning Ordinance and the City's Subdivision and Land Development Code, and the State Subdivision Map Act. 4. Public utilities and infrastructure improvements needed in order to serve TM 13 -09 are in close proximity. 5. There will be no significant environmental impacts as a result of TM 13 -09 due to the required mitigation measures to be applied, with two exceptions: cumulative air quality impacts and loss of availability of mineral resources. The City Council adopted required findings and a statement of overriding considerations when they adopted the Hecker Pass Specific Plan in 2006. In accordance with CEQA Guidelines section 15182, Residential Development Pursuant to a Specific Plan, no further environmental review is necessary. 6. The applicant agrees with the necessity of and accepts all elements, requirements, and conditions of this resolution as being a reasonable manner of preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general and the persons who work, visit or live in this subdivision in particular. SECTION II RESOLUTION NO. 2014-35 4837,W342670 JH104706089 The City Council of the City of Gilroy hereby approves TM 13 -09, subject to the conditions of approval set forth in Exhibit "A" attached hereto. SECTION III This Resolution shall take effect only if, and upon the same date that Resolution 2014 -36 takes effect approving Architectural and Site application A/S 13 -27. If said Resolution does not take effect, this this Resolution shall be null and void without further action by the City Council, and application TM 13 -09 shall be deemed denied. PASSED AND ADOPTED this 1St day of July, 2014 by the following roll call vote: AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: 11W• onald Gage, Mayor A TTTL'IT RESOLUTION NO. 2014-35 4837 - 3543 -4267v1 JH104706089 EXHIBIT A CONDITIONS OF APPROVAL TM 13 -09 1. The Final Map shall comply with the Tentative Map prepared by Ruggeri- Jensen -Azar, dated October 9, 2013 and revised most recently on March 3, 2014, and stamped approved, except as modified by the City Council's approval of this application and the conditions of approval. 2. Approval of TM 13 -09 is subject to the applicant receiving approval of Architectural & Site Review application AS 13 -27. 3. The applicant shall defend, indemnify, and hold harmless the City, its City Council, Planning Commission, agents, officers, and employees from any claim, action, or proceeding against the City or its City Council, Planning Commission, agents, officers, and employees to attack, set aside, void, or annul an approval of the City, City Council, Planning Commission, or other board, advisory agency, or legislative body concerning this subdivision. City will promptly notify the subdivider of any claim, action, or proceeding against it, and will cooperate fully in the defense. This condition is imposed pursuant to California Government Code Section 66474.9. 4. No building permit shall be issued in connection with this project if the owner or developer of such development (i) is not in compliance with the City's Residential Development Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any conditions of approval issued in connection with such development, or other City requirements applicable to such development; or (ii) is in default under any agreement entered into with the City in connection with such development pursuant to the RDO. The project must also comply with any condition of exemption granted from the RDO, including but not limited to time limits in obtaining City approvals and completion of construction of the dwelling units. 5. All mitigation measures as identified in the EIR are applicable to the project and must be adhered to and implemented. 6. All future development within the specific plan area shall implement the following conditions to minimize disturbance to potentially significant cultural resources. Each of the following shall be made a condition of approval for grading and Building Permits: a. Developers of each project within the specific plan area shall contract with a qualified archaeologist to provide an archeological site assessment to determine the need for monitoring during grading and excavation activities. b. If cultural resources are discovered during construction, work shall be halted at a minimum of 165 feet (50 meters) from the find and the area shall be staked off. The monitoring professional archaeologist, if one is on site, shall be notified. If a monitoring professional archaeologist is not on -site, the city shall be notified immediately and a qualified professional archaeologist shall be retained. If the find is determined to be significant, appropriate mitigation measures shall be 4832 -1481-62830 w%nA7nanQo formulated by the professional archaeologist and implemented by the responsible parry. (Mitigation Monitoring Program) Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit for the project. 7. If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Gilroy Police Department contacts the coroner of Santa Clara County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent (MLD) from the deceased Native American. The MLD may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if. a) the Native American Heritage Commission is unable to identify a MLD or the MLD failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. The project shall comply with all relevant provisions of the Santa Clara Valley Habitat Conservation Plan. 9. A Habitat Mitigation Plan shall be required for the loss of any habitat within the Uvas Creek corridor as a result of the development of the project. Said Plan shall be prepared by a qualified biologist and identify the exact amount and location of impacted and replacement habitat. Replacement vegetation shall be locally obtained native riparian species. Any loss of riparian woodland vegetation should be mitigated on -site, when possible, at a minimum of 3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and the City. The Plan shall be submitted and approved prior to recordation of the final subdivision map. 10. Prior to issuance of a grading permit for recreational improvements in or adjacent to the Uvas Creek riparian corridor, or construction adjacent to grassland habitat, a qualified biologist shall be retained to inform workers of potential presence of the special- status species, their protected status, work boundaries, and measure to be implemented to avoid loss of these species during construction activities. (HPSP Policies 5 -40 & 51). 11. For any recreational improvements proposed in or adjacent to the Uvas Creek riparian corridor, which contains potential habitat for California tiger salamander, western spadefoot toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead, yellow- breasted chat, and /or yellow warbler, construction related activities shall be 4832 - 1481 -6283v1 conducted outside of the rainy season. The project proponent shall retain a qualified biologist to monitor construction activities occurring within 100 feet of the Uvas Creek riparian corridor. If any special status species are observed at the site, a qualified biologist shall salvage and relocate individual(s) to an appropriate area outside of the construction zone. If California red - legged frog, a federally threatened species, or California tiger salamander, a federally and state - listed threatened species, are observed at the site, construction activities shall be halted and the USFWS and /or California Department of Fish and Wildlife shall be contacted for further assistance HPSP Policy 5 -43). Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit. 12. Pre - construction surveys for protected birds shall be conducted for improvements or development proposed in or adjacent to potential nesting habitat ( i. e., riparian woodland) if development is proposed during the nesting and /or breeding season of loggerhead shrike (generally February through June) or raptors (generally March through August). If any active nests are found within survey area, at the discretion of the biologist, clearing and construction within 250 feet shall be postponed or halted until nests are vacated and juveniles have fledged and there is no evidence of a second attempt at nesting ( HPSP Policy 5 -44). Substantiation of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit. 13. Prior to issuance of a grading permit, a Phase 1 Environmental Site Assessment shall be prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of the project property may have adversely affected soil or groundwater, or would otherwise pose a health hazard during site development or habitation. If the Phase I assessment finds that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If contamination is present, clean up and disposal of such contamination shall be in compliance with federal, state and local regulations governing the cleanup and disposal of hazardous waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be presented to and approved by the City of Gilroy Engineering Division prior to issuance of a Building Permit. (Mitigation Monitoring Program) 14. To ensure the preservation of designated agricultural areas in perpetuity, permanent agricultural easements, deed restrictions or other such instruments in favor of the City shall be created for the agricultural parcel at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required, or (b) prior to or concurrent with final map and/or parcel map approvals that include the agricultural parcel. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted (HPSP Policy 5 -7). (Mitigation Monitoring Program) 15. To ensure the creation of the Uvas Creek Linear Park and Uvas Creek Park Preserve, irrevocable offers of dedication to the City of Gilroy shall be required and obtained from property owners of land within the Hecker Pass Specific Plan Area that lies within the Linear Park or Park Preserve prior to the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent 4832- 1481.6283v1 ILAne7nanoo with final and /or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval (HPSP Policy 3 -8). 16. To ensure the preservation of designated open space areas in perpetuity, permanent open space easements, deed restrictions, or other such instruments shall be created for each property in each open space area at the earlier of (a) prior to or concurrent with the first discretionary approval for projects for which no map is required; or (b) prior to or concurrent with final map and /or parcel map approvals. In this instance, the tentative map shall have this requirement as a condition of its approval, and that map shall generally describe the area to be restricted (HPSP Policy 5 -20). 17. An Integrated Agricultural Management Plan shall be prepared for the agricultural parcel. That Management Plan shall include the identification of appropriate times and uses of farm machinery, the suitable methods for weed abatement, pest control, fertilization and erosion control and all other agricultural management policies set forth in the Hecker Pass Specific Plan. The Management Plan shall be recorded against the agricultural parcel and require the property owner to disclose these policies to all potential lessees prior to lease agreement. Said Plan shall be submitted to and approved by the Planning Division prior to recordation of the final subdivision map. (HPSP Policies 5 — 6 & 10). 18. Prior to issuance of any building permits for the subdivision, the applicant shall enter into an agreement with the City for the replacement of the eight significant trees that are to be removed. The agreement shall specify that replacement trees shall be provided at a ratio of 4 to 1. The species and location of the replacement trees is to be to the approval of the City. 19. The protected zone of any tree or group of trees to be retained shall be fenced to prevent injury to the trees during construction. Said fencing shall be done under the supervision of a certified arborist (HPSP Policy 7 -9). In addition, all conditions contained in the Tree Survey and Arborist Report for the Hecker Pass Enclave Site prepared by Live Oak Associates and dated September 23, 2013 shall be incorporated into project plans. Demonstration of compliance with this condition shall be submitted to and approved by the Planning Division prior to issuance of a grading permit for the subdivision. 20. Prior to the issuance of a grading permit for the subdivision, detailed plans illustrating the means for preserving trees 16, 17, 18 and 19 (identified in the Tree Survey and Arborist Report for the Hecker Pass Enclave Site prepared by Live Oak Associates and dated September 23), shall be submitted to and approved by the Planning Division. Said plans shall also be approved by a certified arborist. 21. The applicant shall contract with an arborist to evaluate the trees along the project frontage in the Caltrans right -of -way and provide recommendations for pruning and maintenance. The report shall be submitted to the Planning Department prior to approval of the final map and any recommendations for pruning shall be implemented prior to issuance of building permits for any of the homes in the subdivision. An encroachment permit from Caltrans will be required for any work within the right -of -way. 4832- 148"283v1 w%nAxrnan 22. The project applicant shall specify in project plans the implementation of the following dust control measures during grading and construction activities for any proposed development. The measures shall be implemented as necessary to adequately control dust, subject to the review and approval by the City of Gilroy Planning Division prior to issuance of a grading permit for the subdivision: a. Water all active construction areas at least twice daily; b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard; c. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites; d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites; e. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets; f. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas previously graded areas inactive for ten days or more); g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed stockpiles (dirt, sand, etc.); h. Limit traffic speeds on unpaved roads to 15 mph; i. Install sandbags or other erosion control measures to prevent silt runoff to public roadways; j. Replant vegetation in disturbed areas; k. Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit points to dislodge and trap dirt from vehicle tires; I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour; and 1. Limit the area subject to excavation, grading and other construction activity at any one time. (Mitigation Monitoring Program) 23. All noise generating construction activities shall be limited to weekdays between 7: 00 AM and 7:00 PM and to Saturdays between 9:00 AM and 7: 00 PM. No construction is allowed on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall be utilized when necessary. This requirement shall be attached as a contractor work specification for all projects. (Mitigation Monitoring Program) 24. Street lights on Grassland Way in the vicinity of the Uvas Creek Linear Park shall be designed to direct lighting away from the nearby riparian habitat. (HPSP Policy 5 -39) 25. Placement of mailbox structures within the subdivision shall comply with U.S. Postal Service requirements and shall be subject to the review and approval by the Postal Service and the City Public Works and Community Development Departments. Approval shall be required prior to recordation of the final subdivision map. If modifications to the Architectural and Site Review and/or Tentative Maps are required, the applicant shall apply for modification to those permits. 4832 - 1481 -6283vl iu%ne7n4nae 26. Prior to recordation of the final map, plans shall be submitted to and approved by the Public Works and Community Development Departments indicating the material to be used for retaining walls in the project. 27. Prior to recordation of the final map, revised plans for the Class I trails through the project shall be submitted to and approved by the Public Works and Community Development Departments that include a second pedestrian/bicycle connection between Grassland Way and the Uvas Creek Trail. 28. The Conditions, Covenants and Restrictions and homeowners association bylaws for the subdivision shall be submitted to and approved by the Public Works, Community Development and Fire Departments prior to recordation of the Final Map. The CC &Rs and By -Laws shall include, but not be limited to, a statement that the private streets within the subdivision are to remain open and un -gated unless and until modification to street configuration at the entrances to the subdivision is approved by the City Planning Commission and installed by the homeowners association. 29. The developer shall disclose to every future homebuyer that the Uvas Creek Park Preserve located south of this site will be developed with a trail that is open to the public. Proposed language for the disclosure shall be submitted to and approved by the Planning Division prior to issuance of any building permits for the subdivision. 30. The developer shall disclose to every future homebuyer that active farming will occur on the agricultural lands within the Hecker Pass Specific Plan area. That disclosure shall include, but not be limited to, the Integrated Agricultural Management Plan developed for the adjacent agricultural property. Proposed language for the right -to -farm disclosure shall be submitted to and approved by the Planning Division prior to issuance of any building permits for the subdivision. (HPSP Policy 5 -9 & 11) PUBLIC WORKS DEPARTMENT CONDITIONS 31. All work is to be done in compliance with the City of Gilroy Specifications Standards and Design Criteria, Hecker Pass Special Plan, Hecker Pass Development Agreement and Hecker Pass Specific Use District and is subject to all laws of this community by reference. Street improvements and the design of all storm drainage, sewer and water lines, and all street sections shall be in accordance with City Standards and Hecker Pass Specific Plan, Hecker Pass Development Agreement and Hecker Pass Special Use District, Hecker Pass Backbone Plans and shall follow the most current City Master plan for streets and each utility. 32. Until such time as the Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Improvements constructed or installed. 33. Until such time as all improvements required are fully completed and accepted by City, Developer will be responsible for the care maintenance of, and any damage to such improvements. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to 4832- 1481- 6283v1 the work or Improvements specified in this Agreement prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Developer. 34. Utility Undergrounding (per the Development Agreement, Exhibit F, Section B, Subsection c, Utility Undergrounding). a. All new utilities will be placed underground. b. The existing PG &E overhead main line on the north side of Hecker Pass Highway for the Church Property to the bridge at Uvas Creek will be replaced with an underground line routed through the Subject Property, as shown in Exhibit F -2. Installation of this new underground line from the Church Property to the existing overhead crossing at the Bank/ Raleys Property frontage approximately one thousand four hundred (l, 400) feet east of the eastern edge of the Uvas Creek bridge (the "West PG &E Crossing ") will begin during Phase 1 of the Project, and will be completed as part of construction of the West Intersection. The remaining segment between the West PG &E Crossing and the Uvas Creek bridge will be constructed as described in subsection (v) below. c. A new underground line also will be installed along the south side of Hecker Pass Highway between the Church Property and Santa Teresa Boulevard, with the cost for this segment reimbursed by the City. Overhead service entrances for existing uses abutting Hecker Pass Highway will remain overhead until such time the uses redevelop. d. The existing overhead line along the north side of Hecker Pass Highway between Santa Teresa Boulevard and the West PG &E Crossing will be removed by Applicant once the new underground line described in subsections (ii) and (iii) above is completed. The existing overhead line between the West PG &E Crossing and the Uvas Creek bridge will be removed by Caltrans or Applicant once the new underground line described in subsection (v) below is completed. e. The overhead line from the West PG &E Crossing west to the edge of the Specific Plan Area is within the scope and geographic limits of the Caltrans bridge project on Hecker Pass Highway and is expected to be handled by Caltrans as part of its design and construction process. Applicant will design and install its undergrounding to ensure there is no gap between the Caltrans current design for undergrounding eastward from the bridge and Applicant's installation of underground line up to the West PG &E Crossing, unless required by PG &E or another controlling agency or entity; provided Applicant shall not be responsible for extending undergrounding beyond the West PG &E Crossing if Caltrans fails to complete its own undergrounding as currently designed. 35. Prior to recordation of the Final Map, the detention facilities including but not limited to drainage swales, channels, bio- basins, sediment basins and storm drain systems shall be designed in a manner as to allow for future expansion of facilities as outlined and/or indicated by the Hecker Pass Illustrative Infrastructure Master plan, Detention Basin Plan, Preliminary Backbone Infrastructure Master plan and/or the Development Agreement. The storm drain detention basin is to be designed and construction is to be natural in appearance. Design is to be reviewed and approved by the City of Gilroy's Public Works Department. 4832 - 1481- 6283YI iumA7ncnoo 36. As part of the first submittal for Final Map, the Developer shall submit vector based electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map and Improvement Plans have been found to be technically correct and in substantial conformance with the Tentative Map, the Developer shall again submit vector based electronic files readable by AutoCAD and in PDF format 37. Prior to Final Map approval, the Developer shall submit an estimate of the probable cost of improvements, pay all plan check and inspection fees, enter into a property improvement agreement, and provide payment and performance bonds. 38. A duplicate conformed Mylar copy of the Final Map shall be provided to the City along with an electronic copy. 39. A SWPPP and an Erosion Control Plan shall be required and shall be filed with the City. WDID# shall be provided prior to Improvement Plan / Final Map approval. 40. A Final Map with all required dedications shall be filed with the Santa Clara County Recorder's Office with a copy transmitted to the City. 41. All storm drain run -off (with the exception of that runoff coming from outside the Specific Plan area or from existing improvements with the Specific Plan area) must be pre- treated prior to entrance into public storm drain system. Pre - treatment measures must be reviewed and approved by the Engineering Division prior to Final Map and/or Improvement Plan approval. 42. All individual development proposals shall consult with the Valley Transportation Authority to determine whether provisions for future stops or services are required. All bus stops shall meet all current VTA requirements and standards for bus stops (HPSP Policy 4 - 17). 43. All future developments shall pay school impact fees required by Gilroy Unified School District to mitigate impacts on the public school system (HPSP Policy 6 -6). 44. Improvement Plans and Plot Plans shall clearly identify those lots requiring a pump or pressure reducer. Improvement Plans shall also identify the water pressure zone for each lot and distribution system water pipe. 45. The Developer shall annex the project into the Citywide Landscape Maintenance Community Facilities District (CFD) for the maintenance of the linear park area. The Developer shall annex the project prior to Final Map approval. 46. If access to adjacent property will be necessary to construct proposed improvements then a letter granting access will be required prior to Final Map approval. 4832 - 1481 -6283v1 JWMA7nanoo 47. Improvement plans are required for all on -site and off -site improvements. Prior to Final Map approval and approval of the Improvement Plans, the following items will need to be completed: a. The Developer shall provide joint trench composite plans for the underground electrical, gas, telephone, cable television, and communication conduits and cables including the size, location and details of all trenches, locations of building utility service stubs and meters and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground.) b. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other utilities subject to the review and approval by the Engineering Division and the utility companies. c. "Will Serve Letters" from each utility company for the subdivision shall be supplied to the City. d. The City will collect the plan check and inspection fee for the utility underground work. 48. Project is subject to post - construction water quality requirements per RWQCB. 49. Storm drain treatment shall be in conformance with Section 27D of the Municipal Code. 50. All lots shall drain to the street for storm drainage unless otherwise approved by the City Engineer. 51. Storm water detention shall be designed to prevent an increase in the 2 -year, 10 -year and 100 -year peak discharge for the project area. (HPSP 8 -6) (Mitigation Monitoring Program) 52. All proposed outfalls shall be designed to meet all state water quality standards and shall obtain permits from all required resource agencies (HPSP Policy 5 -35). 53. Storm and sewer lines in private streets shall be privately maintained unless approved by the City Engineer in writing. 54. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral connections shall have a minim diameter of 15 inches. 55. Any work in the public right -of -way shall require a traffic control plan prepared by a licensed, professional engineer with experience in preparing such plans. Traffic Control Plan shall be prepared in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included the Architectural and Site Plans/Improvement Plans. 56. Prior to any construction of the dry utilities in the field, the following will need to be supplied to the City: 4832 - 1481- 6283v1 1UMA7nanao a. A professional engineer - signed and PG&E- approved original electric plan. b. A letter from the design Electrical or Civil Engineer that states the electrical plan conforms to City Codes and Standards, and to the approved subdivision improvement plans. 57. Submit a Hazardous Material clearance for any underground tank removal from the appropriate agency. 58. Within 30 days of the tentative map approval, the Developer shall submit an 8-1/2 X 11 -inch site plan to the Engineering Division to assign addressing which shows the following: tract name and number, lot number, street names, property lines, right -of -way lines, north arrow and curb cuts for driveway. 59. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact Fees is required prior to approval of the Final Map. Sewer, Water, Traffic, and Public Facilities Development Impact Fees are due at time of building permit. 60. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated boxes and lids. 61. Water services shall be 1.5" minimum with 1" meter. Service /meter shall be upsized if necessary water pressure is not met. 62. Work in Caltrans' right -of -way requires an Encroachment Permit issued by Caltrans. A copy of that Permit shall be provided to the City Engineer prior to commencement of that work. 63. Wireless service shall be provided per Hecker Pass Specific Plan Development Agreement. 64. The lowest floor shall be at least 1 foot higher than the base flood elevation, or 1 foot above the nearest high point in the drainage release path, or 2 feet higher than lowest top of curb, whichever is highest. 65. All existing overhead lines located on the West side of the property near Uvas Creek and Hecker Pass Highway, shall be placed underground as part of this project per Article V, Section 21 of the Municipal Code prior the first building permit application. 66. Certification of improvements on the site plans are required prior to Building Permit - final (add to general notes on Title Sheet of Plans). 67. Final streetlight locations shall be to the satisfaction of the City Traffic Engineer. 68. Site preparation and fill construction shall be conducted under the observation of, and tested by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy stating that all site preparation and fill construction meets the requirements of the 4832 - 1481- 6283v1 ILIMA7nanno geotechnical investigation. This shall be subject to review and approval by the Engineering Division. 69. The City shall be notified at least two (2) working days prior to the start of any construction work and at that time the contractor shall provide a project schedule and a 24 -hour emergency telephone number list. 70. Certification of fire flow test for each zone is required prior to final permit, the highest elevation is to be tested (Add to general notes on Plan Title sheet). Fire flow for the project shall be modeled for a minimum of 2,500 gpm for commercial fire flow and 1,500 gpm for residential fire flow. Street Hydrants shall be placed every 300 feet and within 150 feet of any building. Off -site improvement plan shall provide Fire Hydrant per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 71. Grading shall be as shown on the approved Tentative Map such that it does not create any adverse impacts to neighboring properties. 72. A current Title Report shall be submitted for review to the City at time of Building Permit application. 73. All work shown on the improvement plans shall be inspected. Uninspected work shall be removed as deemed appropriate by the City Engineer. 74. Backbone infrastructure is to be completed by applicant per these conditions and shall be constructed and operational for the safe staging and construction of the homes prior to issuance of Building Permits as approved by the Public Works Director /City Engineer. 75. Certification is required by the design engineer of the design and construction for all retaining walls shown on the improvement plans prior to final acceptance of the subdivision. 76. The Developer shall coordinate with the City Engineer to provide a stub -out connection between the Uvas Creek Bike Path and a bicycle and pedestrian bridge over the Uvas Creek Channel at a location determined by the City Engineer. The stub -out for the future bridge would extend no more than 25' past the edge of the Uvas Creek Bike Path. 77. A minimum of one exterior monument shall be set. Additional monuments can be required by the City Engineer or City Surveyor as deemed necessary. 78. Location of monuments shall be tied out prior to work. Any City monuments damaged, displaced or destroyed shall be replaced at the developer's sole expense. 79. At least one week prior to commencement of work, the Developer shall post the site and mail to owners of property within (300') three hundred feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Engineering Department, a notice that construction work will commence on or around the stated date. The notice shall include a list of contact persons with name, title, phone number and area of 4832 - 1481 -62830 wXne7naneo responsibility. The person responsible for maintaining the list shall be included. The list shall be current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 80. The Developer shall install a recycled water pipeline in the locations shown on the tentative map. All oversizing above the 12 ", if any, shall be reimbursed by the SCVWD under a separate reimbursement agreement. 81. The Developer shall use recycled water for construction. The Developer also shall incorporate the use of recycled water for maintenance of the Linear Park and Private Landscape. 82. Developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Engineering Department prior to the issuance of a grading permit. 83. The Developer shall provide security fencing, to the satisfaction of the City Engineer around the site during construction of the project. 84. All stationary noise - generating equipment shall be located as far away from existing residences as feasible. The location of such equipment shall be submitted to and approved by the City Engineer prior to its placement. 85. Concurrent with the recordation of the final map, the applicant shall provide dedication of the land necessary for the following improvements to the satisfaction of the City Engineer: a. The easterly extension of Grassland Way from the proposed subdivision to its intersection with Third Street. A b. The easterly extension of the Uvas Creek Class I trail from the proposed subdivision to the westerly termination of the trail being constructed as part of the Meritage subdivision in the East Cluster, and c. The easterly extension of Lone Oak Lane from the proposed subdivision to its intersection with Autumn Drive. d. The easterly extension of the Hecker Pass Class I trail from the proposed subdivision to Autumn Drive. 86. Prior to recordation of the final map, the applicant shall secure, to the satisfaction of the City Engineer and Fire Chief, an easement over Two Oaks Lane between Lone Oaks Lane and Hwy. 152 to allow for emergency vehicle access from the subdivision to Hwy. 152. 87. Prior to Building Division final of the 30th home in the subdivision, emergency access to the subdivision via Two Oaks Lane and Lone Oak Lane shall be operational and to the satisfaction of the City Engineer and Fire Chief. 4832- 1481 -62830 88. Improvement plans for the subdivision shall include, but not be limited to, the following off - site improvements: a. Full street improvements for the extension of Grassland Way to Third St. b. Full trail improvements for the extension of the Hecker Pass Class I trail to Autumn Drive. 89. The extension of Grassland Way from the subdivision to Third St. shall be completed to the satisfaction of the City Engineer prior to occupancy of the first house in the proposed subdivision. 90. Lot G of the tentative map shall be dedicated to the City for creation of the Linear Park. 91. The Developer shall provide necessary funding for a Class I bike path and linear park along the north side of Uvas Creek between the new 3rd Street roundabout and the northwesterly side of the project to connect with the Hecker Pass Class 1 bike trial and Hwy. 152. The Developer shall rough grade and install the bike path aggregate base and the City will install the final paving. 92. The Developer shall provide 12" water service on Grassland Way and "A" Street and a 10" water line on Street "C" 93. The Developer /Contractor shall make accessible any or all City utilities as directed by the City Engineer. 94. A note shall be placed on the plans which states that the composite plan agrees with City Codes and Standards and that no underground utility conflict exists. 95. As a condition of recordation of the final map and after City approval of the final map, the applicant shall pay their portion of the total $2 million Public Benefit Fee per the Development Agreement. 96. Applicants for projects within the Specific Plan area shall be responsible for improving Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the existing public right -of -way, with the design subject to approval by the City Engineer in his /her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the widening project. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. Traffic signal modifications should be made to the intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle detection for the second eastbound through lane. (Mitigation Monitoring Program) 97. Applicants for projects within the Specific Plan area shall be responsible for shoulder improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa 4832- 1481- 6283v1 Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement project. Applicants shall coordinate with the City of Gilroy Engineering Division to design and implement the shoulder improvements. Removal of deodar cedar trees along the highway must be avoided wherever possible and improvements must be consistent with State scenic highway guidelines. (Specific Plan Policies and Mitigation Monitoring Program) 98. Prior to issuance of the 75th residential building permit for the Hecker Pass Specific Plan Area (HPSPA), the intersection of Hecker Pass Highway and Autumn Drive, together with the necessary acceleration and deceleration lanes along the Highway, travel lanes, turn lanes and roundabouts (together, the "West Intersection ") will be built and operational, per the Development Agreement, Exhibit F B 1 (a) (ii). Should Caltrans approval of this intersection be delayed, the Developer may use Lone Oak Lane and Two Oak Lane after issuance of the 75th residential building permit within the Hecker Pass Special Plan Area mas approved by the Public Works Director /City Engineer. 99. Prior to issuance of the 75th residential building permit for the HPSPA, the portions of Hecker Pass Highway outside the intersection will be improved concurrently with the "West Intersection ". POLICE DEPARTMENT CONDITIONS - none FIRE DEPARTMENT CONDITIONS 100. Prior to recordation of the final map, emergency vehicle access to the subdivision via Lone Oak Lane and Two Oaks Lane shall be secured to the approval of the City Engineer and Fire Chief. Prior to Building Division final of the first home in the subdivision, said access shall be operational. 101. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off -site improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be installed prior to commencement of construction with combustible materials. 102. All homes shall be provided with water laterals and meters sized to allow for a residential NFPA 13d fire sprinkler system. At a minimum the offsite improvement plan shall provide 1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire Sprinkler design. 103. Roadways shall provide a minimum 20 feet of unobstructed travel. Turning radius shall not be less than 32' inside and 39'. Fire Apparatus shall not be required to cross to the opposite side of a street as part of a turn on that street or onto another street. 104. Where parking is restricted, curbs shall be painted red with the stencil FIRE LANE every 25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD 4832 - 1481 -6283vl IUMA =00 standard. Include curbing and/or signage details in the Off -Site improvement plans. Private roadway striping and/or signage shall be enforced and maintained by the HOA. 105. Addresses shall be assigned by the Engineering Division prior to improvement plan and building permit submittal. Street signage shall be installed prior to any on -site improvements (foundations or buildings) has begun. 4832 - 1481 -6283v1 w%ne7ncnco I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -35 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 1St day of July, 2014, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 1St day of July, 2014. r Sh'awna 1~ reels, MMC City Clerk of the City of Gilroy (Seal)